KINNELL v. CROUSE

No. 9532.

384 F.2d 811 (1967)

David Houston KINNELL, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 4, 1967.


Attorney(s) appearing for the Case

Mark H. Adams, II, Wichita, Kan., for appellant.

Jon K. Sargent, Asst. Atty. Gen., (Robert C. Londerholm, Atty. Gen., Topeka, Kan., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant, Kinnell, was convicted in a state court upon a plea of not guilty to kidnapping and forcible rape and is now serving the sentence thereupon imposed. He appeals from an order dismissing his petition for a writ of habeas corpus.

The record shows that after the judgment and sentence Kinnell appealed to the Supreme Court of Kansas, where the conviction was affirmed.1 Thereafter, he filed a motion in...

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